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Home My WebLink AboutPC 95-14... _...,...... - .— ,_ ..,. _ 1_.11___,__., -._xn -Imo - 1111-1-1-,.--66l11111.-1, --- ___ PLANNING COMMISSION RESOLUTION NO. 95-14- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING PLANNED SIGN PROGRAM NO. 95-4 AMENDING THE MONUMENT SIGNS IN THE EXISTING PLANNED SIGN PROGRAM NO. 94-2 AND CATEGORICAL EXEMPTION (SECTION 15311 CLASS 11 (a) FOR A RETAIL SHOPPING CENTER IDENTIFIED AS DIAMOND BAR TOWNE CENTER LOCATED AT 1180 SOUTH DIAMOND BAR BOULEVARD. A. Recitals 1. The property owner, Nikko Capital and the applicant, Ron Underwood, have filed an application for Planned Sign Program No. 95-4 amending existing Planned Sign Program No. 94-2 for a property located at 1180'South Diamond Bar Boulevard, Diamond Bar, Los Angeles County, Califor- nia, as described in the title of this Resolution. H- ereinafter in this Resolution, the subject application is referred to as the "Application". 2. . On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57375, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 1, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. Action was taken on the subject application as to the consistency with the General Plan and has been determined to be in conformance with the document. 4. The Planning Commission of the City of Diamond Bar, on August 14, 1995 conducted meeting on said Application. 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. 777I'IIIChllll 11411 i a ir7""--- B. Resolution NOW, THEREFORE, it is found, determined and resolved by the !;jl Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this -Resolution are true,and correct. 2. The Planning Commission hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15301, Title 15 of the California Code of Regulations. 3. The Planning Commission hereby finds and determines that, having considered the record as a whole, there is no evidence before this Planning Commission that the project as proposed by the Application, and conditioned 'for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon `which the wildlife depends. Based upon substantial evidence presented in the record^before this Planning Commission, the Commission hereby rebuts the presumption of adverse effects 'contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project request is to amend the existing Planned Sign Program to incorporate the following modifications for three monument signs (A,B,C): 1) All monument signs will include center "identification along the top edge. 2) Sign A (located 'at the north end of the center along Diamond Bar Boulevard): is proposed as a shop tenant identification sign. It shall be six feet (6'-0") tall and five feet (5'-0") wide. Currently, this sign extends four feet into the City's right of way. To correct this, the proposed monument sign shall be located at the property line, perpendicular to the screen wall. 2 .. .... � �.. _.. 7, r.... 3) Sign B (located at the south end of the center along Diamond Bar Boulevard) and Sign C (located on Grand Avenue) are proposed as anchor tenant identification and shop tenant identification signs. Both are six feet (61- 011) tall and twelve feet (12'-011) wide. (e) The proposed Planned Sign Program amendment complies with the City's Sign Ordinance No.5 (1991) . (f) Substantial evidence exists, considering the record as a whole, to determine that the project, as proposed and conditioned herein, will not be detrimental to or interfere with the General Plan adopted by the City. 3 71111, 1111111! 111111[ H Sign B shall be located a minimum of four feet from the existing windmill; a minimum of five feet from the -property line; and two feet from any curb. Sign C shall be located approximately six feet (minimum of five feet) from the property line (adjacent to, -,-screen wall) and will include the removal of ten feet of the screen wall along Grand Avenue. (b) The project site consists of five (5) parcels and is approximately 9.5 acres. The parcel which consists of the Bank of America is a separate parcel, and is not a part of this project. The site is developed with a retail shopping center identified as Diamond Bar Towne Center located at 1180 South Diamond Bar Boulevard, Diamond Bar, California, 91765. The project site is within the Unlimited Commercial -Billboard Exclusion (C -3 -BE) Zone. It has a General Plan land use designation of General Commercial M. (c) Generally, the following zones surround the project site: to the north is Single Family Residential -Minimum Lot Size 8,000 Square Feet (R- 1-8,000); to the south is C -3 -BE Zone; to the east is R-1-8,000 and Unlimited Multiple Residential - Minimum Lot Size 8,000 Square Feet -30 Units (R -3- 8,000-A); and to the west is C -3 -BE Zone. (d) The project site is adequately served by Grand Avenue and Diamond Bar Boulevard. (e) The proposed Planned Sign Program amendment complies with the City's Sign Ordinance No.5 (1991) . (f) Substantial evidence exists, considering the record as a whole, to determine that the project, as proposed and conditioned herein, will not be detrimental to or interfere with the General Plan adopted by the City. 3 71111, 1111111! 111111[ H (g) All conditions of approval as described in Planned Sign Program No. 94-2 shall remain in full force unless otherwise amended. (h) Substantial. evidence exists, considering the record as a whole, to determine that the amendment-, as proposed and conditioned herein, will not be detrimental to or interfere with the draft, General,Plan. (i) The proposed Planned Sign Program amendment will not have signs that obscure from view or detract from existing signs, based on the location, shape, color, and other similar considerations. (j) The proposed Planned Sign Program amendment will have signs ,that are. legible to the intended audience under normal viewing conditions based on the location and the design of the visual element. (k) The proposed Planned Sign Program amendment will be in harmony with adjacent properties and surroundings based on the size, shape, height, color, placement, and the proximity of such signs to adjacent properties and surroundings. (1) The proposed Planned Sign Program amendment will be designed, constructed and located so that it will not constitute a hazard to the public. 5. Based upon the -findings and conclusion set forth above, the Planning Commission, hereby approves the Application subject to the following conditions: (a) The Planned Sign Program amendment shall substantially ,conform to the Exhibit "A" dated August 14, 1995. (b) In the event the proposed monument signs will cause the removal of any tree, the applicant shall be required to replace each tree with two similar 36 inch box trees. (c) Sign B and C shall be a minimum of five feet from any property line and two feet from any curb. (d) The proposed monument signs located on Diamond Bar Boulevard shall include address numerals with a minimum height of six (6) inches. (e) The subsequent site shall be maintained in a .. condition which is free of debris both during and 4 L4 after the construction, addition, or implemen- tation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property, owner, applicant or by a duly 'permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits, from the City of Diamond Bar to provide such services. (f) The Applicant shall comply with the Planning and zoning and Building and Safety Divisions' requirements. (g) Notwithstanding any previous subsection of this resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment therefore shall be made by the Applicant prior to the issuance of any building permit or any other entitlement. (h) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed within fifteen (15) days of approval of this grant, at the City of Diamond Bar, Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (i) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity of the subject properties. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Nikko Capital, 3961 Mac Arthur Boulevard, Suite 105, Newport Beach, CA 92660 and Ron z 5 1� _1-" nl I',lip I - .—__ 717'"-r-, . — r_.. ,.., I � .�,.�_,i,.r.-rr—i�'mnrn�r�'•m Underwood, 3600 Birch Street, Suite 220, -Newport Beach, CA 92660; APPROVED AND ADOPTED THIS THE 14TH DAY OF AUGUST, 1995, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR BY: ' Bruce Flamenbaum, Chairman I, James DeStefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 14th day of August, 1995, by the .following vote: AYES: Flamenbaum, Fong, Huff, Meyers, Schad NOES: ABSENT: ABSTAIN: ATTEST: jesDeStefano,, Secretary �ry 6 0 f:L td. w 0 r -L co 0 C 6< CD G) M CL =1 �j > < CD —4 m m m m m m z z z z z Z Z z z z Z, z CL Co 0 sy % n CL- Z-, g Pz- Et O •c `m Q Q `a •� � Zs n- > c � H m Ell ®R tet.. o m � ` c 11JjL � "V t4 o co �m ® m F 0 O Ag 4 0 ca 0 O 'L a 0 = co _„�� . �� -7777-77- I � ril - _r,_ --..._- - - _ - ,..-,_.-.. 0 --- � - -1-1--.1-1111-1-111-111- .1 1- - �.l I W14